Rosalio B. Montez v. Frank A. Eyman, Warden, Arizona State Prison

JERTBERG, Circuit Judge.

Appellant is in state custody serving a prison sentence imposed on August 31, 1959, by the Superior Court of the State of Arizona in and for the County of Maricopa, following conviction by a jury of four charges of robbery and one charge of attempted robbery, at which trial he was represented by court appointed counsel.

Appellant was sentenced to serve twenty-five to thirty years in the Arizona State Penitentiary on each charge, the sentences to run concurrently. No appeal from the judgment of conviction was taken.

On February 24, 1966, appellant was permitted to file in…